Tag: Reliable
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Mechanical Engineering Expert’s Mix-and-Match Opinions Excluded
Plaintiff Taylor Lavergne sued Hyundai Motor Company and Hyundai Motor America (collectively, “Defendants”) in connection with injuries she allegedly sustained during a rear-end collision between a 2013 Jeep Wrangler and a 2016 Hyundai Accent (the “subject vehicle”) in which she was a passenger. Plaintiffs designated Brian Herbst as their mechanical engineering expert. Hyundai Motor Company…
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Economics Expert’s Lost Sales Analyses Deemed Reliable
Plaintiff Serra Chevrolet, Inc. (“Serra”) sued Defendant General Motors, LLC (“GM”) for breach of contract, violations of Alabama’s Motor Vehicle Franchise Act, negligence, wantonness, and violations of the federal Dealer’s Day in Court Act. Serra retained Patrick L. Anderson to provide an expert report on lost sales and lost profits in this matter. GM filed a…
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Construction Expert’s Opinions on Typical Overhead and Profit Margins Admitted
This litigation arises from hail damage to a hotel owned by Defendants, Merryton Bossier, LLC, Grace Chiao, and Hui Ping Lee (collectively, “Merryton”) in Bossier City, Louisiana, in 2020. Merryton engaged Stonewater Roofing LTD. Co., LLC to perform roof repairs, contingent upon insurance approval by Scottsdale Insurance Company (“Scottsdale”). After appraisers assessed the damage, Scottsdale…
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Maritime Safety Expert Was Barred From Opining on Structural Integrity
At its core, this case involves an alleged injury on a ship. Specifically, Plaintiffs Robert Mondella and Tara Mondella allege that Mr. Mondella was seriously injured when he fell from a gangway while performing services on board the JPO Capricornus (the “Capricornus”), a vessel owned by Defendants. Defendants filed a motion to exclude the report…
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Nutrition Expert Was Allowed to Opine on the Use of Statutes and Regulations
Plaintiffs are the estates of three decedents, Robert W. Petersen (“Mr. Petersen”), Mary Ann Simons, (“Ms. Simons”) and Charlotte Elaine Guilford (“Ms. Guilford”) (collectively, “Plaintiffs”). Plaintiffs were residents of Canyon Creek, an assisted living facility in Billings, Montana specializing in memory care, during the height of the COVID-19 pandemic in 2020. Plaintiffs alleged that Canyon…
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Accounting Expert was Allowed to Opine on the Fair Market Value
Upper Deck claimed that Pixels has marketed and sold wall décor featuring images that infringe upon Upper Deck’s trademarks and Michael Jordan’s name, image, likeness, and publicity rights. Basically, Upper Deck brought this action pursuant to an exclusive agreement with Jordan (the “Jordan Agreement”) for the use of his name, image, likeness, and other publicity…
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Class Action Expert Was Allowed to Opine on the Notice Procedure
The Telephone Consumer Protection Act (TCPA) prohibited robocalls to cellphones except in emergencies or with the recipient’s consent. Jason Saggio and Jude Furr, on behalf of a proposed nationwide class, alleged that Defendant Medicredit, a medical debt collector, erroneously and unlawfully placed robocalls to their cellphones to collect debts they didn’t owe. Plaintiffs proposed a…
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Political Science Expert Was Allowed to Opine on Paraguay’s Legal System
On September 12, 2025, Maik Evert Ens Loblein (“Petitioner”) filed the Petition for the Return of Children to Paraguay pursuant to the Hague Convention. The Petition asserted that Roxana Andrea Alcaraz de Ens (“Respondent”) unlawfully retained in the United States two children who habitually reside in Paraguay. On September 15, 2025, Petitioner filed an Amended…
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Infectious Disease Expert Was Allowed to Opine on the Lack of Severe Lung Damage
Roy Edward Ates, Jr., is a federal prisoner. He alleged that prison officials’ negligence caused him to become infected with COVID and that prison personnel were negligent in providing him medical treatment thereafter. Defendant retained Dr. Alysse Wurcel as an expert witness. She has assisted Massachusetts sheriffs in their response to COVID beginning in March…
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Police Practices Expert’s Testimony on Eyewitness Identifications Admitted
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Plaintiff retained William Brooks as an expert in police policy and practices. Brooks makes three…
